HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. WRIT PETITION No. - 8146 of 2025 Court No. - 10 HON'BLE RAJNISH KUMAR, J. HON'BLE RAJEEV SINGH, J. 1. Heard Sri Avneesh Kumar Shukla, learned counsel for the petitioners, learned A.G.A. appearing for the State/opposite parties and perused the record. 2. In view of the order proposed to be passed, notice to respondent no.4 is dispensed with. 3. This petition has been filed by the petitioners for the following prayers :- (i) Issue a writ, order or direction in the nature of certiorari for quashing the impugned information report lodged by the opposite party no. 4 against the petitioner on dated 16.08.2025, F.I.R. No. 0099 of 2025, under section- 191(2), 115(2), 352, 351(3), 125, 333 BNS-2023 at Police Station-Munshiganj, District- Amethi, in the interest of justice. Contained in Annexure No. 1 to this writ petition. (ii) Issue a writ, order or direction in the nature of mandamus directing the opposite party no.2 and 3 not to arrest the petitioners in the impugned first information report lodged by the opposite party no. 4 against the petitioners on dated 16.08.2025, F.I.R. No. 0099 of 2025, under section 191(2), 115(2), 352, 351(3), 125, 333 BNS-2023 at Police Station-Munshiganj, District- Amethi, in the interest of justice. Contained in Annexure No. 1 to this writ petition. Versus Counsel for Petitioner(s) : Avneesh Kumar Shukla Counsel for Respondent(s) : G.A. Saurabh Tiwari And Others .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Home Deptt. Lucknow And Others .....Respondent(s) 4. Learned counsel for the petitioners has submitted that the offences as alleged in F.I.R. have maximum punishment for the term less than seven years imprisonment, whereas, the police is trying to arrest them, which is against the mandates of Bharatiya Nagarik Suraksha Sanhita, 2023. 5. Learned Additional Government Advocate appearing for respondent State has given a statement on behalf of investigating agency that because the offence allegedly committed by the petitioner, entails sentence of less than seven years, provisions of Section 35(3) of Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) shall be strictly followed in terms of judgment rendered by Hon'ble Supreme Court of India in a case reported in (2014) 8 SCC 273 : Arnesh Kumar vs. State of Bihar and another. 6. Considering the stand of the investigating agency, this petition is disposed of in view of the provisions of Section 35(3) of Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) and the law as laid down by Apex Court in the case of Arnesh Kumar (supra). September 2, 2025 A.Dewal CRLP No. 8146 of 2025 2 (Rajeev Singh,J.) (Rajnish Kumar,J.) Digitally signed by :- ASHISH DEWAL High Court of Judicature at Allahabad, Lucknow Bench